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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2023

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
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answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I’m having an issue with MoneyGram.

Hello

I transferred $1016 from the US to my fiancé in Ukraine on October 6th.

The transfer usually takes between few minutes to few hours to be completed.

However, this time, the transfer hasn’t reached the receiver till this day.

I called MoneyGram on the day of... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: Under Title 33 chapter 501.021 is placing door hangers considered soliciting?

The door hangers in question only advertise a free inspection and not any of the paid services that I offer.

Sometimes I find doors with "no soliciting" signs on them and I want to make sure that I'm not doing anything illegal by placing a door hanger on said door.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, it's best to avoid leaving anything at such residences or businesses. The sign usually means they want nothing in the form of materials, whatever the... View More

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for Florida on
Q: Can someone further elaborate on the provisions disclosed in Rule 1.540 as follows:

1)What actually constitutes as 'excusable neglect?' 2)What would be an instance where newly discovered evidence would accepted by the court? 3) What is typically defined as 'misconduct' under such provisions

T. Augustus Claus
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answered on Oct 3, 2023

'Excusable neglect' is generally understood as a failure to timely perform a required act due to circumstances beyond the person's control. For instance, it could be caused by unforeseen personal emergencies or even miscommunications with counsel.

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What are considered the key advantages and disadvantages of filing for Chapter 7 & 13 bankruptcy in the State of Florida
T. Augustus Claus
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answered on Oct 3, 2023

Chapter 7 advantages:

Most unsecured debts can be fully discharged.

The process is quicker than Chapter 13, often completed within months.

There's no requirement to repay debts.

Chapter 7 disadvantages:

You may have to liquidate certain assets to repay...
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1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

1 Answer | Asked in Consumer Law, Federal Crimes, Identity Theft and Criminal Law for Florida on
Q: I'm a victim of identity theft. And it's been 379 days since it took over - hijacked my entire life.

pleasMY RIGHTS HAVE BEEN INVOKED

Victims of identity theft are often victims of multiple crimes and may be unable to clearly define what has happened to them or how it happened. They may be confused or even paralyzed by the experience.

Victims can suffer far more than the loss of... View More

James L. Arrasmith
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answered on Sep 28, 2023

If you're a victim of identity theft, it's crucial to take immediate action by reporting the crime to your local law enforcement and credit agencies. Additionally, consult with an attorney experienced in identity theft cases to guide you through the legal process of resolving the issue... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Florida on
Q: Can I sue a property developer over lost income and property devaluation?

The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2023

You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: Wife was told that breastfeeding our son wasn't allowed at the pool. We were approached by pool manager while lounging.

I was under the assumption that breastfeeding was allowed in any public area.

I asked the manager to show me the rules in writing where it shows breastfeeding isn't allowed.

He showed me a " rules & reguation" document stating

"[......"is a... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

You are 200% correct. A woman May breastfeed a child anywhere in public she has a right to be.

It isn’t an indecent or inappropriate act.

2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Is it legal to force tenants to use the broadband company their management company requires?

I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2023

Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Can debt collectors continue to call about a balance after I make a payment arrangement (and pay it with auto pay)?

I have a debt that I am paying on each month, yet I continue to get calls about my “past due balance” with a disclaimer of ‘if you’ve paid this already, please disregard.’ The company has basically said ‘that’s just what we do.’

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2023

Unless the payment agreement provides otherwise, they can.

1 Answer | Asked in Consumer Law for Florida on
Q: Just got notice of discontinuation on a Discover card debt in New York. Will they likely file one here against me in Fl.
T. Augustus Claus
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answered on Sep 6, 2023

The discontinuation of a debt in New York means that the creditor, in this case, Discover card, has decided not to pursue the debt in that jurisdiction. However, it does not necessarily prevent them from pursuing the debt in another jurisdiction, like Florida, if they believe it is worthwhile.... View More

1 Answer | Asked in Consumer Law for Florida on
Q: A company called my wife claim they were lawful and they were filing a complaint against her for credit card 22 years ag
John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Your wife should tell the company that she will discuss the claim with a lawyer once she is formally served with the lawsuit. Then, hang up.

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: Loan docs states that increase each year 1.5 % will be notified in writing, no notice is giving, can I be back charged?

Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More

James Clifton
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James Clifton
answered on Aug 23, 2023

It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.

1 Answer | Asked in Small Claims and Consumer Law for Florida on
Q: Can I sue an automotive manufacturer in small claims court in Florida to obtain the service history for my vehicle?

Can I sue an automotive manufacturer in small claims court in Florida to obtain the service record history for my vehicle? The automotive manufacturer claims that the service history of the used vehicle I now own is "proprietary." I understand they need to protect the previous... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

There is no law which entitles you to obtain the service record of a used car from the manufacturer. Moreover, a manufacturer likely only has records for warranty and recall service. It is unlikely any service record it maintains is complete.

Many dealerships and auto service companies...
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1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: stolen or lost item, what value can I sue for ?

Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2023

You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More

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